I’ll post this here without comment but I expect others might have some observations? Some points though:
- I already knew there were no bylaws from another guy’s earlier FOI request, so I didn’t ask them about bylaws.
- I very specifically did not ask about their prohibition on drones on or from council land; I asked about flying above council land, the phrase included in their drones policy.
Thank you for contacting Colchester Borough Council with your Freedom of Information request regarding: Legal basis for prohibiting drones
overflying council land.
We do hold the information you have requested and it has been provided in
this email. Additional comments (if any) can be found below:
- What is the legal basis for the Council’s published policy of not
allowing UAS/UAV/drones to fly “above council land" without permission
from the Council? Are any UAS Geographical Zones or other types of
restricted airspace in force, in accordance with Civil Aviation Authority
regulations as set out in CAP 722C UAS Airspace Restrictions Guidance and Policy?
There are no current Byelaws prohibiting flying of Drones on Council land
however the Council has a Policy which covers usage of Drones on Council
Land. The Council is entitled to determine what happens on its land in
accordance with any adopted policy as the landowner.
There are no UAS Geographical Zones or other types of restricted airspace
in force currently although the policy notes Civil Aviation Authority
guidance specifying that drones must not be flown within 50m from people, vehicles and buildings and/or over congested areas.
- Is the Council reviewing its policy to bring it into line with current
UK legislation, especially with regard to drones that have a mass of less
The Council has not yet reviewed its’ [sic] policy in respect of the December
2020 legislation due to other higher priorities
Customer Information, Colchester Borough Council